HomeMy WebLinkAboutResolution Open Right of Way W Foster Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, County Administrator
From: Monte Reinders, Public Works Director/County Engineer
Agenda Date: August 19, 2024
Subject: Open Right-of-Way Request - W. Foster St.
Statement of Issue:
Public Works has received an application to open a portion of platted W. Foster St.
right-of-way for approximately 350 feet for access to the Applicant's parcel.
Analysis/Strategic Goals/Pro's Et Con's:
The proposed area of right-of-way to be opened is located within the Plat of Seventh Avenue
Acre Tracts. This road is not proposed to be a County Road, therefore the County will not be
responsible for maintenance should this request be approved.
Per RCW 36.80.030, the supervision of right of way, including the development of road
standards is under the review of the County Engineer, acting under the supervision and
authority of the Board of County Commissioners. The County Engineer has prepared standards
for opening County right-of-way at this location as outlined in the attached report.
Fiscal Impact/Cost Benefit Analysis:
There will be no cost to the County for maintenance or construction should this right-of-way
be opened.
Recommendation:
Jefferson County Public Works recommends approval of this application to open a portion of
platted W. Foster St. for approximately 350 feet, as outlined on the attached Engineer's
Report. The Board is asked to sign the Resolution and return to Public Works.
Department Contact:
Terry Duff 360-385-9159
Reviewed By:
"l-AC =
Mark McCauley ounty Administrator Dat
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the Matter of a Resolution )
to Construct a Road and Stormwater )
Improvements on a ) Resolution No.
Portion of Public Right of Way )
Known as W. Foster St. )
WHEREAS, an application to open a public right-of-way has been submitted by Heather
Graham("the applicant") for the purpose of providing access to her property, and
WHEREAS, said development will require opening approximately 350 feet of platted W.
Foster St. and
WHEREAS,the Revised Code of Washington(RCW) 36.75 and 36.80 authorizes the
Board of County Commissioners("the Board")to establish, examine, survey construct, alter,
repair, improve and maintain county roads, and that the County Engineer shall supervise such
road improvements under the direction of the Board, and
WHEREAS,the County Engineer has examined the subject right of way and the existing
road system and the potential for future development and recommends that this request be
approved provided the standards described in the County Engineer's report dated August 5, 2024
are followed, and
WHEREAS,the applicant, and not the County,will be responsible for the maintenance of
this section of roadway and its associated stormwater improvements and that the road will not be
added to the official County Road log until such time as the road is improved to public road
standards and added to the County Road Log through Board action, and
WHEREAS, in lieu of requiring the road to be constructed to full public road standards at
this time,the applicant will be required to sign a No Protest Agreement waiving the right to
protest formation of a pro-rata cost sharing arrangement such as a Road Improvement District
(RID) should the subject right of way be included within a designated improvement area,
whether the formation of the RID is proposed by petition or a resolution of the Board of County
Commissioners,
NOW, THEREFORE BE IT RESOLVED, that applicant shall be granted permission to open the
following right of way:
A portion of platted W. Foster St. starting at the end of the county maintained section of
W. Foster St. at mile post 0.40 running westerly a distance of approximately 350 feet for
access to parcel 994200023.
BE IT FURTHER RESOLVED,that roads shall be constructed in general conformance with the
standards recommended in the County Engineer's report dated August 5, 2024.
BE IT FINALLY RESOLVED,that prior to performing construction the applicant shall receive
any and all necessary permits including a permit from the Department of Public Works
specifying any conditions that will be required by the County Engineer to ensure that said
standards are met and that the applicant shall pay any inspection costs incurred by the Public
Works Department to ensure that these standards are met.
ADOPTED this day of , 2024.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kate Dean, District 1
Heidi Eisenhour,District 2
Greg Brotherton, District 3
ATTEST:
Carolyn Galloway
Clerk of the Board
Jefferson County Public Works Department
County Engineer's Report
Open Right-of-Way Portion of Platted W. Foster St., Seventh Avenue Acre Tracts
This Report is in response to an Open Right-of-Way Permit application (Exhibit A) submitted by
Heather Graham. The intent of the County Engineer's Report is to evaluate and provide
preliminary design parameters/criteria to facilitate the appropriate design of the project. After
agency approval of all documents required by this report the applicant shall be issued a permit
by the Public Works Department.
PROJECT DESCRIPTION
Plat name: Seventh Avenue Acre Tracts
Road/Street Name: Platted W. Foster St.
Adjacent to: Assessor Parcels#994200023, Lot 126
Distance: Approximately 350 feet
Sections 3,Township 29 North, Range 1 W
The road is not proposed to be a County Road (Exhibit B = Site Plan).
EXISTING CONDITIONS
This Permit would officially open a segment of platted W. Foster St. right-of-way (subject ROW)
to provide access to the Applicant's parcels#994200023.
The access to this segment of W. Foster St. will come off the end of the County maintained
segment of W. Foster St. at mile post 0.40 from the centerline and run westerly for
approximately 350 feet to provide access to Applicant's parcel #994200023. The platted right-
of-way continues westerly beyond the boundary of applicants property for approximately 450
feet with the potential to access 10 to 12 additional lots. This segment of W. Foster St. right-of-
way has been improved without permits to a 9 foot wide drivable area. This privately
maintained segment of W. Foster St. will connect to the end of the County maintained road
which was constructed with two eleven foot lanes of bituminous surface treatment and gravel
shoulders.
DESIGN STANDARDS
Roads shall be constructed to the County's adopted County Road design standards:
• American Association of State Highway and Transportation Officials (AASHTO) Policy on
Geometric Design of Highways and Streets (most current version),
• Washington Department of Transportation (WSDOT) Design Manual and Standard
Specifications for Road, Bridge and Municipal Construction,
• Jefferson County Unified Development Code JCC 18.30.060 Grading,JCC 18.30.070
Stormwater, and JCC 18.30.080 Roads.
Page 1 of 7
Road Construction Plan general requirements
Road plans shall meet the following general requirements:
• Be prepared by a licensed Washington state civil engineer;
• Include a plan view and a profile view;
• A scale of 1 inch = 50 feet or less;
• Depict the typical section;
• Depict project limits;
• Depict right-of-way centerline;
• The design shall accommodate both existing and future lot access and utility service.
Plan View
The plan view shall at a minimum depict:
• Horizontal alignment of the proposed centerline at 50 feet stations;
• Horizontal curve data;
• Cut and/or fill slopes;
• Drainage facilities: Existing and proposed, including culvert size, length, and material;
centerline station and elevation; slope, and skew angle;
• Stormwater management facilities;
• Utilities: Existing and proposed, both above and below ground; and
• Any existing or proposed features that would be affected by the proposed road
construction, whether in or outside of the right-of-way.
Profile View
The profile view shall at a minimum depict:
• Existing elevations and proposed finished grades at 50 feet stations;
• Vertical curve data; and
• Drainage facilities.
MINIMUM STRUCTURAL SECTION
Privately-maintained roads: The typical cross-section consists of 2 inches of compacted crushed
surfacing top course,over a minimum of 4 inches compacted depth crushed surfacing base course
over 6 inches compacted depth gravel base. (See Exhibit C). An alternative structural section may
be proposed based on analysis by a licensed civil engineer.
All materials used in the construction of the structural section shall meet the requirements of
the WSDOT Standard Specifications for Road, Bridge and Municipal Construction.
SURFACING
Privately-maintained roads: An improved roadway surface (asphalt or bituminous surface
treatment) is not required.
MATERIALS TESTING
Privately-maintained roads: The applicant shall be responsible for ensuring that materials and
construction methods conform to WSDOT Standard Specifications. At its discretion,the Public
Page 3 of 7
DRAINAGE, EROSION CONTROL, AND STORMWATER MANAGEMENT
The Jefferson County Unified Development Code, Section 18.30.070 Stormwater Management
Standards adopts the standards of the Washington Department of Ecology Stormwater
Management Manual for Western Washington (most current version).
A Stormwater Management Permit is required for projects that exceed 2,000 square feet of
impervious surface or 7,000 square feet of land-disturbing activity. See Exhibit E for comments
from the Department of Community Development. The proponent shall contact the Jefferson
County Department of Community Development to discuss stormwater permit requirements and
application procedures:
Jefferson County Department of Community Development
612 Sheridan Street
Port Townsend, WA 98368
(360) 379-4450
ROAD AND STORMWATER MAINTENANCE AND NO PROTEST AGREEMENT
A Road and Stormwater Maintenance and No Protest Agreement is required for this facility to
be located on public right-of-way.
Per County Resolution 05-23, residential streets, particularly dead end streets/cul-de-sacs, do
not meet the required public necessity/general public benefit criteria required for
establishment of a County Road and therefore will not be accepted into the County Road
system. Such roads, even though within a public right-of-way, shall be privately maintained.
Due to the projected average daily traffic (ADT) of the proposed road segment,the applicant
will be permitted to construct a privately maintained road on public right-of-way to a standard
less than that of a County Road.
The County Engineer recommends approval to open a segment of public right-of-way to
construct a privately maintained road based upon the criteria in this report.
The Applicant must sign a Road and Stormwater Maintenance and No Protest Agreement in
order to (a) accept responsibility for all road and associated stormwater maintenance, and (b)
enter into an agreement with the County not to protest the formation of a future Road
Improvement District (RID) or other pro rata cost sharing mechanism to improve the roadway
should improvements become necessary whether proposed by petition or by resolution of the
Board of County Commissioners, or by both petition and resolution. See Exhibit F for this
Agreement.
ROADWAY CONSTRUCTION DOCUMENTATION, CERTIFICATION,AND MONUMENTATION
Construction Documentation
The applicant shall provide the Public Works Department with complete road plans in electronic
format that can be printed to scale on 11x17 inch paper. Since this will be a privately
maintained gravel road, although the road centerline must be established by a licensed
Page 5of7
'Final' status and this road will be considered to be opened but will be privately maintained and not
become part of the County road system. The right-of-way, however, is public and shall remain open to
the public.
Monte Reinders, P.E. Date
Public Works Director/County Engineer
Page 7 of 7
EXHIBIT A
�SONOffice use on
1
Permit#
Department of Public Works Receipt# o�
•ire`"� 623 Sheridan St,Port Townsend,WA 98368 1 360-385-9160 Check# '41
Date paid (p//y/2q
Mile post
OPEN RIGHT-OF-WAY PERMIT APPLICATION - 2024
$1,088.00 Fee
Make check payable to Jefferson County.Additional fees will apply per ordinance 02-0312-12.
Applicant Information Designation of ent(fill out only if applicable)
Heather Graham Revocable Trust Jel +6 G S-k�
Property Owner Designated Agent
2069208029 mamaC_617@msn.com a669d0
Phone Email Phone Email
PO Box 489 eo w� del
Mailing Address Mailing Address
Chimacum,WA 98325 (k*
City,State,Zip City,State,Zip
Project Information
Purpose for request to open right-of-way: develop parcel for residence
Name of road/right-of-way to be opened: w.FosterStreet
Total length of right-of-way to be opened: 300y
Property parcel number(s): 994200023
Name of plat where road is located: Tract 126 Seventh Ave Acre Tracts
Attach any recorded surveys(list volume and page numbers): Volume 2,page 127
Nearest cross street: Hwi't9R"Drive
Other permits associated with this request(e.g.septic,building,stormwater):
Will you be installing any utilities within the right-of-way? Yes
Site Map
Attach a site plan or plat map that identifies the right-of-way to be opened and the parcels you own.The map
must include the cross street access point,access location to the applicant's property,and scale.
Acknowledgements and Signature
By signing the application form,the undersigned Applicant attests that the information provided herein is true and correct
to the best of his/her knowledge and agrees to all conditions on the permit.The Applicant also certifies that this application
is being made with the full knowledge and consent of all owners of the affected property.Any material falsehood or any
omission of material fact made by the Applicant/Owner with respect to this application packet may result in this permit being
null and void.
T li t has rea his dis aimer and,§*ns and dates it below.
Pr Owner or Destgna Agent Signature Date
Application continued on next page. Page 1 of 2
EXHIBIT B
994200026 .
,� Cy'r ' ;,;V d>r �' .14T• .` 994200029 4
OOP 5-
119
;w� '!' o r `'*x - - !• r i T' tiw; 994200007
CWn
� ` µme' �.: _. ` T � * �• ti«'r _ ,
141. 99420bb44--
•800�03�0• r .� 8 low
pOCSZ .
wr' ! ' 1
.• F
J.
cn
c' 133 99446 { 9 r o"
�• �00
J420 68 994200006 a
� � tea,
Go
*�•�. ,� -�' .w '" ..� � Fos
+.. 129 .y
:.,y *
Y . 67 994200005
14250.1 + i �, P�°`'�►r` '���„ Y r 14 994200022
9,94200024
ftV
Z. °' l jl� * ?� �� `r d� 172 $99420002��
.tares" "' • - .p::� '' 8
Yp y,
-• 22 • f"� ACV �g� w. .�•" .� r :�q .
�• _ _ � �1 Wit'•- � g
30 r, ,F-ti.; o
470, 26 27 28( 29 9 901 03 3 34 ,3� 37: .38 120 9842 01 CM
21 22, 23
JeffersonThese data are provided on
an"AS-IS"basis, without •
warranty of any type,
but not limited to any warranty
as to their performance,
merchantability, or fitness for 0 105 210D. 6/25/2024
-5 fvf NTH AdA`Alar #C)rc rRRl r5
le a— •:-4 6,1v
at'4+',r e67+.5,J,9
-lAl.*444%N
-M.t
-S-14 9---- A,e-r—4
Al -1.4 4 sh
.-J 18
87
77
r is
I
TW M.
1.7 V H,
13
1-4 'A b A,
at%-
zk
61
I O-t
A,lie Al
5A
Pt.14, "4,—d—,
SV6*
6o
ft- fh
1.1.7 1— f, e 46—
ik� �,A .
-540--f
t4.-. Lt,--,Aj f Y— P.P./go?
" *4.2 ; — /0 (.,
/a R.M.
EXHIBIT C
;l) (J
�l /3
LOCAL ACCESS ROAD
22' ROAD SECTION
IINIL � (40 MPH - UNDER 400 ADT)
30'-0" 30'-0"
22'-0"
2.0' 9.0' - Las 9.0' 2.0'
z
Liw
2 I 2
Liw
N N
* 2 t2% — 2 *
o: 1� ,, tea o :. �. �1 0'
p _ p
Q >-
3 3
CRUSHED SURFACING I
p 18" MIN. TOP COURSE (CSTC) o
= DITCH
2" MIN. COMPACTED DEPTH I
DEPTH CRUSHED SURFACING
x BASE COURSE (CSBC)
a 4" MIN. COMPACTED DEPTH o
2" MIN. HOT MIX ASPHALT a
ir (HMA CLASS 1/2") IS **GRAVEL BASE cr
REQUIRED FOR COUNTY ROADS 6" MIN. COMPACTED DEPTH
COMPACTED SUBGRADE
ROADS SHALL BE CONSTRUCTED TO THE COUNTY'S ADOPTED STANDARDS:
- AASHTO GEOMETRIC DESIGN OF HIGHWAYS AND STREETS (CURRENT VERSION).
- WSDOT DESIGN MANUAL AND STANDARD SPECIFICATIONS FOR ROAD, BRIDGE AND MUNICIPAL CONSTRUCTION (CURRENT VERSION).
- JEFFERSON COUNTY UNIFIED DEVELOPMENT CODE CODE, CHAPTER 18.30.080.
NOTES
1. ALL MATERIALS SHALL MEET WSDOT STANDARD SPECIFICATIONS FOR ROAD CONSTRUCTION.
2. CSBC do CSTC DEPTHS SHOWN ARE A MINIMUM; INCREASED DEPTH MAY BE REQUIRED DUE TO SOIL CONDITIONS.
3. * SLOPES FLATTER THAN 2H:1 V ARE DESIRABLE WHERE ACHIEVABLE.
4.**NOT REQUIRED IF SUBGRADE MEETS SPECIFICATION FOR GRAVEL BASE, PER WSDOT STANDARD SPEC. 9-03.10.
5. MAXIMUM GRADE IS 12%. GREATER THAN 12% WITH PUBLIC WORKS APPROVAL; PAVED SURFACE MAY BE REQUIRED.
6. PAVED SHOULDERS ARE REQUIRED FOR ROADS TO BE DEDICATED TO JEFFERSON COUNTY.
7. MINIMUM STANDARD FOR A COUNTY ROAD.
8. CONSULT AASHTO FOR INCREASED LANE WIDTH IF OVER 40 MPH.
Nov 21, 2022
PAGE 1 OF 2
EXHIBIT D
~O N C��Y PAGE 1 of 1
TABLE-1 Nov. 21, 2022
SIGHT DISTANCE
SEE PERMIT FOR Cp(i �,^— REQUIREMENTS
SPECIFIC
CULVERT
REQUIREMENTS R/CtiT p POSTED MINIMUM
SPEED DISTANCE
INC;; qY \ ,! 25 MPH 155 FT.
— 30 MPH 200 FT.
35 MPH 250 FT.
5 MPH 305 FT,
MPH 360 FT.
MAILBOX F l OT q( \ 50 MPH 425 FT.
PULL—OUT ` ~ qB((y ti 55 MPH 495 FT.
AREA & POST •`
TABLE-2
SEE TABLE-2 1f� ` P`' i RETURN RADIUS
FOR RETURN RADIUS �N'PP
S� RESIDENTIAL — LOCAL ACCESS RD. 10'
��Y y APPROACH — MINOR COLLECTOR RD. 20'
i \ MAJOR — MAJOR COLLECTOR RD. 20'
APPROACH — ALL CLASSIFICATIONS 35'
ceNT F�(�y( Q�OPGN PLAN TABLE-3
APPROACH WIDTH
pF Op Fp \ C/L N.T.S. RESIDENTIAL APPROACH 10 MIN. / 16' MAX.
pSy�O(p'" \\\f MAJOR APPROACH 20' MIN. / 36' MAX.
NO MAJOR APPROG q�FyFNlR \ \ INCLUDE ALL
INDUSTRIAL, A D/ORACHES PRVATE ROADS, OR SOHAREDCIAL,
DRIVEWAYS, SERVING MULTIPLE PARCELS.
NOTES:
1. CONDITIONS PROVIDED IN THE ROAD APPROACH PERMIT WILL GOVERN INSTALLATION.
2. THE FOLLOWING ROAD APPROACHES ARE REQUIRED TO BE PAVED:
— ALL ROAD APPROACHES CONNECTING TO A COUNTY ROAD WITH AN ADT OF 21000.
— COMMERCIAL (& INDUSTRIAL) ROAD APPROACHES WITH A PROPOSED ADT OF 2!30. = I;
— COUNTY ROAD APPROACHES FOR NEW PRIVATE ROADS AND/OR SHARED F c�
DRIVEWAYS SERVING MULTIPLE PARCELS. w Z C w
— COUNTY ROAD APPROACHES FOR SHORT PLAT AND LONG PLAT SUBDIVISIONS, w w 0
I
3. PAVING IS NOT REQUIRED FOR ROAD APPROACHES CONNECTING TO GRAVEL ROADS. o a o
w a w Qa�JE�P
4. PAVING REQUIREMENT: 2" MIN. (COMPACTED DEPTH) HOT MIX ASPHALT (HMA) OVER GO EXPANSION
4" MIN. (COMPACTED DEPTH) CRUSHED SURFACING, OR 6" CLASS 3000 CONCRETE. I CONCR IF
ETE
JOINT
5. GRAVEL REQUIREMENT: 3" MIN. CRUSHED SURFACING. COUNTY ROAD 5x MpX
r. + 1
6. APPROACH SHALL BE AT 90 DEGREES TO COUNTY ROAD CENTERLINE. ANGLE MAY '' I c '`�ti I �1= .
2% SLOPE
VARY FROM 90 DEGREES TO 75 DEGREES WITH PUBLIC WORKS APPROVAL. s r TO DITCH
7 CULVHOPEERT
PIPEMUST
BEVELED ENDS.
MIN. CORRUGATED METAL OR DUAL WALL CORRUGATEDji,
8. CULVERT LENGTH TO BE DETERMINED BY APPROACH WIDTH, RETURN RADII, AND DEPTH SECTION
OF DITCH. CULVERT SHALL NOT EXCEED THE LENGTH NECESSARY TO EXTEND BETWEEN i S E C I/�T
I O N A—A
TOE OF FILL AT CENTERLINE OF THE DITCH ON EACH SIDE OF THE ROAD APPROACH. MIN. 12" DIAMETER CULVERT
N.T.S.
9 THE GRADE OF THE APPROACH SHALL FOLLOW THE CROWN OF THE COUNTY ROAD (OR LARGER AS REQUIRED BY I!�.
SUCH THAT NO SURFACE STORMWATER IS DIRECTED ONTO THE COUNTY ROAD. PUBLIC WORKS) WITH BEVELED
10. REQUIRED MINIMUM SIGHT DISTANCE SHALL BE PER TABLE-1. MAINTENANCE OF THE ENDS & 6" MIN. SOIL COVER.
SIGHT TRIANGLE IS THE RESPONSIBILITY OF THE PROPERTY OWNER. SEE JEFFERSON R1 48
BE
COUNTY PUBLIC WORKS WEBSITE FOR MAINTENANCE/REPAIR INFORMATION. Bm YOU Dc
11. SEE JEFFERSON COUNTY PUBLIC WORKS WEBSITE FOR MAILBOX STANDARDS AND 1-8*424-5555
INSTALLATION REQUIREMENTS.
Know whars below.
Call before you dig.
EXHIBIT E
Terry Duff
From: Greg Ballard
Sent: Thursday, August 1, 2024 10:19 AM
To: Terry Duff
Subject: RE: Open Right-of-Way Application
Hi Terry,this open right-of-way would result in less than 7,000 sq. ft of new land disturbing activity(excluding existing
driveways)and does not contain any critical areas.
DCD Planning would not require a stormwater permit provided that the disturbed area would be stabilized with gravel
or seeded with grass.
Based on the above DCD would not have any permits or requirements for this open right-of-way permit.
Thanks
Greg Ballard
Jefferson County DCD
Development Code Administrator
gballard@co.jefferson.wa.us
(360) 379-4454
-----Original Message-----
From:Terry Duff<TDuff@co.jefferson.wa.us>
Sent:Thursday,August 1, 2024 9:58 AM
To: Greg Ballard <GBallard@co.jefferson.wa.us>
Subject: Open Right-of-Way Application
Greg,
Attached is a letter forwarded to your department requesting comments with regard to the request to open a portion of
platted right-of-way as shown on the map. No comments have been received as of this date. If there are no comments,
please let me know but I need to know if a stormwater permit will be required as well as any other requirements, i.e.,
SDR, critical areas,etc.
Thanks,
Terry Duff, Eng Tech III
Jefferson County Public Works
360-385-9159
EXHIBIT F
When recorded please return to:
Jefferson County Department of Public Works
623 Sheridan Street
Port Townsend, WA 98368
ROAD & STORMWATER MAINTENANCE & NO PROTEST AGREEMENT
Grantor/Owner: Heather Graham
Grantee: Jefferson County, a political subdivision of the state of Washington
Reference: RAP2024-00036
Abbrev. Legal: Lot 126 Seventh Avenue Acre Tracts
Parcel No.: 994200023
This ROAD AND STORMWATER MAINTENANCE AND NO PROTEST AGREEMENT
("this Agreement") is made and effective as of the date of the last signature below by Heather
Graham, ("Grantor") and Jefferson County, a political subdivision of the state of Washington
("Grantee" or"County").
1.0 RECITALS
1.1 Grantor is the owner of certain real property located within Section 3, Township
29 North, Range 1 West, W.M., Jefferson County, Washington, legally described
as follows: Lot 126, Seventh Avenue Acre Tracts, as per Volume 2 of Plats, Page
127, records of Jefferson County; also known as Assessor's Parcel Number
994200023, and referred to in this Agreement as "the Property."
1.2 Grantor has applied for permission from the County to open the portion of platted
W. Foster St. right-of-way abutting the Property (Open Right-of-Way Permit
RAP2024-00036).
1.3 In consideration of the County granting permission to open the subject right-of-
way, Grantor agrees to maintain the road and any stormwater improvements
constructed by Grantor within the right-of-way at their expense. The road and
ROAD& STORMWATER MAINTENANCE AND NO PROTEST AGREEMENT Page 1 of 5
County decision affirming the final assessment roll as permitted, and in
accordance with, Chapter 36.88 RCW.
3.3 The parties acknowledge that this No Protest Agreement is intended to waive
certain rights of Grantor. Grantor warrants and represents that they have had
representation by legal counsel and/or have had an adequate opportunity to be
represented by legal counsel prior to executing this Agreement.
3.4 Term. The term of this No Protest Agreement shall be ten (10) years as limited
under RCW 36.88.072.
4.0 MISCELLANEOUS PROVISIONS
4.1 Covenants run with the land. The rights, obligations and covenants contained in
this Agreement shall run with the land and shall be binding upon Grantor, their
heirs, personal representatives, successors and assigns.
4.2 Dispute Resolution. If a dispute arises between the parties to this Agreement
regarding the road and stormwater improvements constructed under RAP2024-
00036, Grantor shall attempt to negotiate an appropriate resolution with the
County, which shall be represented by the Jefferson County Engineer. If the
dispute cannot be resolved at that administrative level, Grantor may file an appeal
with the Jefferson County Hearing Examiner as provided for in the Jefferson
County Unified Development Code.
4.3 Enforcement. This Agreement may be enforced by the County in law or equity
against Grantor.
4.4 Attorney Fees. In the event any action is brought to enforce the terms of this
Agreement, the prevailing party shall be entitled to recover its reasonable attorney
fees and costs.
4.5 Recording. Upon execution by all signatories of this Agreement, the County shall
record this document with the Jefferson County Auditor, at Grantor's expense. A
copy of the recorded document shall be forwarded to the Grantor.
4.6 Effective Date. This Agreement shall be effective as of the date of the final
signature below.
[Signatures on following pages]
ROAD&STORMWATER MAINTENANCE AND NO PROTEST AGREEMENT Page 3 of 5
GRANTEE:
DATED this day of 92024.
Accepted and approved
Jefferson County
Department of Public Works
By:
Monte Reinders
County Engineer/Public Works Director
State of Washington
County of Jefferson
This record was acknowledged before me on by
Monte Reinders as the County Engineer/Public Works Director of Jefferson County,
Washington.
Notary Public in and for the State of Washington
My Commission Expires
Approved as to form only:
By:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
ROAD&STORMWATER MAINTENANCE AND NO PROTEST AGREEMENT Page 5 of 5
EXHIBIT G
ti Department of Public Works •
1
Jefferson County, Washington
'r 623 Sheridan Street, Port Townsend, WA 98368 (360) 385-9160 Kim L
Cal bdM you dip
OPEN RIGHT-OF-WAY PERMIT
Case Number: RAP2024-00036 Road#: 537009 W Foster St
HEATHER GRAHAM
PO BOX 489
CHIMACUM, WA 98325 O
In accordance with all applicable Revised Code of Washington and amendments thereto, and subject to all the terms, conditions
and provisions written or printed below or on any part of this form, permission is hereby granted to:
1.) The Applicant has permission to open a portion of platted W. Foster St. from the end of the existing county road
at mile post 0.40 and continuing westerly for a distance of approximately 350 feet, in accordance with the
Jefferson County Public Works Engineer's Report and approved plans dated . The Engineer's
Report specifies a road standard for a Local Access Road which does not meet the criteria for a County road.
Therefore,this segment of right-of-way will not be maintained by the County.
2.) The Applicant may install a private road approach off the newly constructed roadway to their parcel as shown on
the approved plans dated
Conditions
1.) This permit must be located on site when any work encompassed by the permit is being performed. Failure to
do so may result in suspension of all work.
2.) The segment of W. Foster St. to be opened shall be built as shown on the approved plans (attached to this
permit)and the Local Access Road Standard Typical Section. The right-of-way shall be located and the
centerline staked by a surveyor licensed in the State of Washington.
3.) Following completion of roadway construction, the Applicant shall submit to Public Works a letter, affixed with
the professional stamp of the Engineer of Record, certifying that the roadway and stormwater management
facilities have been constructed in accordance with the design plans and specifications and all applicable
federal, state and local requirements.
4.) The Applicant must sign, have recorded with the Jefferson County Auditor's office, and return to Public Works
the Road & Stormwater Facility Maintenance& No Protest Agreement.
5.) Following completion of roadway construction the Applicant shall submit to Public Works complete"As-Built"
or"As-Constructed" record drawings that reflect any changes made to the approved plans.
6.) This approval is for opening a segment of W. Foster St. from the end of the County maintained segment
westerly for a distance of 350', and the road approach to the Applicant's property only and does not constitute
approval of other activities within the right-of-way or on this parcel. Any future permits on this site are subject
to review for consistency with applicable codes and ordinances and oes not preclude review and conditions
which may be placed on future permits.
7.) Applicant must give Jefferson County Public Works office (360- 1 9) a minimum of 7 working days notice
prior to beginning work. An on-site pre-construction confere c I be scheduled by the applicant and will
include Public Works and the contractor who will be perfor a work. Prior to this meeting, any utility
locate marks shall be done (Call 811-48 hours before y
The applicant, by signing the permit application, has agreed to all of the conditions in the permit including the provisions on the
back of this form. This permit shall be void unless the work herein contemplated shall have been completed before . The
Department of Public Works may revoke, amend or cancel this permit or any of the provisions thereof at any time by giving written
notice to the grantee. The grantee, upon notification, shall immediately remove all of his equipment and facilities from the County
right of way.Any equipment or facilities remaining upon the County right of way 30 days after written notice of cancellation shall be
removed by the County at the sole expense of the grantee.
In accepting this permit the grantee, his successors and assigns, agree that any damage or injury done to the property of the
grantee or any expense incurred by him through the operation of a contractor,working for the County or any County employee
shall be at the sole expense of the grantee, his successors and assigns.
For Jefferson County Date
EXHIBIT H
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the Matter of a Resolution )
to Construct a Road and Stormwater )
Improvements on a ) Resolution No.
Portion of Public Right of Way )
Known as W. Foster St. )
WHEREAS, an application to open a public right-of-way has been submitted by Heather
Graham ("the applicant") for the purpose of providing access to her property, and
WHEREAS, said development will require opening approximately 350 feet of platted W.
Foster St. and
WHEREAS, the Revised Code of Washington (RCW) 36.75 and 36.80 authorizes the
Board of County Commissioners ("the Board")to establish, examine, survey construct, alter,
repair, improve and maintain county roads, and that the County Engineer shall supervise such
road improvements under the direction of the Board, and
WHEREAS, the County Engineer has examined the subject right of way and the existing
road system and the potential for future development and recommends that this request be
approved provided the standards described in the County Engineer's report dated August 5, 2024
are followed, and
WHEREAS, the applicant, and not the County, will be responsible for the maintenance of
this section of roadway and its associated stormwater improvements and that the road will not be
added to the official County Road log until such time as the road is improved to public road
standards and added to the County Road Log through Board action, and
WHEREAS, in lieu of requiring the road to be constructed to full public road standards at
this time, the applicant will be required to sign a No Protest Agreement waiving the right to
protest formation of a pro-rata cost sharing arrangement such as a Road Improvement District
(RID) should the subject right of way be included within a designated improvement area,
whether the formation of the RID is proposed by petition or a resolution of the Board of County
Commissioners,
NOW, THEREFORE BE IT RESOLVED, that applicant shall be granted permission to open the
following right of way:
A portion of platted W. Foster St. starting at the end of the county maintained section of
W. Foster St. at mile post 0.40 running westerly a distance of approximately 350 feet for
access to parcel 994200023.